Gratuity Entitlement - being retrenched due to completion of construction work

L.C.Tripathi
Sir, one employee has worked 4 years & 6 month and he is being retrenched due to completion of construction work whether he is eligible to get gratuity?
Rajesh Kumar Dubey
NO
GRATUITY ENTITLEMENT ONLY AFTER 5YEARS CONTINIOUS SERVICE.
HE MAY BE PAID OTHER BENEFITS DUE TO COMPLETION OF PROJECT BUT NOT GRATUITY AMOUNT.
anand.backelal@parker.com
As per the latest amendment in Gratuity Act 1972, eligibility for gratuity is 4 years and 240 days. As per your query he is not eligible for gratuity as he has completed 4 years and 180 days.
Would like to advice to seek expert advice / legal and check under retrenchment clause is their any rule before any decision.
varghesemathew
The last amendment to Payment of Gratuity Act was in 2010 which do not say about this four years and 240 days.
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